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Digital Economy Act 2017 (Amendment) (Definition of Extreme Pornography) Bill [HL]


Official Summary

A Bill to amend the definition of extreme pornography in the Digital Economy Act 2017

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Overview

This bill amends the definition of "extreme pornography" within the UK's Digital Economy Act 2017. It aims to clarify and tighten the existing definition, focusing on material created primarily for sexual arousal and deemed unsuitable for classification by the relevant video works authority.

Description

The bill alters section 15 and 22 of the Digital Economy Act 2017. It removes existing paragraphs (g) to (i) from section 15, which defined "pornographic material". Section 22, defining "extreme pornographic material," is entirely replaced. The new definition centers on two criteria:

  • Purpose: The material must have been produced primarily or solely for sexual arousal.
  • Classification: The relevant video works authority would determine the material unsuitable for a classification certificate.

This applies to both whole video works and parts of video works meeting these criteria.

Government Spending

The bill is not expected to significantly impact government spending. The changes are primarily legislative and relate to the redefinition of a crime, with enforcement costs remaining largely unchanged.

Groups Affected

The bill will primarily affect:

  • Producers and distributors of pornography: They will need to ensure their content complies with the new, stricter definition. Non-compliance could lead to legal repercussions.
  • Online platforms hosting pornography: Platforms will need to update their content moderation policies to reflect the changed definition, potentially incurring increased costs for content removal and monitoring.
  • Individuals consuming pornography: Possession or distribution of material defined as "extreme pornography" under the new definition will remain a criminal offence.
  • Law enforcement agencies: They will be responsible for enforcing the new definition of extreme pornography.
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